II 

114TH CONGRESS 

1ST SESSION S. 104 

To provide for full and open competition for Federal contracts related to 

natural disaster reconstruction efforts. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 7, 2015 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for full and open competition for Federal 

contracts related to natural disaster reconstruction efforts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Natural Disaster Fair5 ness in Contracting Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

9 agency’’ has the meaning given the term in section 

10 133 of title 41, United States Code. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 104 IS

1 (2) FULL AND OPEN COMPETITIVE PROCE2 DURES.—The term ‘‘full and open competitive proce3 dures’’ has the meaning given the term ‘‘full and 

4 open competition’’ in section 107 of title 41, United 

5 States Code. 

6 (3) NATURAL DISASTER RECONSTRUCTION EF7 FORTS.—The term ‘‘natural disaster reconstruction 

8 efforts’’ means reconstruction efforts undertaken in 

9 an area subject to a declaration by the President of 

10 a major disaster under section 401 of the Robert T. 

11 Stafford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5170). 

13 SEC. 3. COMPETITION REQUIREMENTS. 

14 (a) IN GENERAL.—Except as provided in subsection 

15 (b), the head of an executive agency, in entering into a 

16 contract to procure property or services in connection with 

17 natural disaster reconstruction efforts, shall comply with 

18 the requirements under section 3301 of title 41, United 

19 States Code. 

20 (b) EXCEPTIONS.—The exceptions to the requirement 

21 for competitive procedures provided under paragraphs (3), 

22 (4), and (7) of section 3304(a) of title 41, United States 

23 Code, shall not apply to a contract described in subsection 

24 (a). 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 104 IS

1 SEC. 4. WRITTEN APPROVAL FOR USE OF NONCOMPETI2 TIVE PROCEDURES REQUIRED FOR CERTAIN 

3 CONTRACTS. 

4 (a) APPROVAL REQUIRED.—The head of an executive 

5 agency may enter into a contract to procure property or 

6 services in connection with natural disaster reconstruction 

7 efforts using other than full and open competition only 

8 upon the written approval of the President or the Presi9 dent’s designee. 

10 (b) CONGRESSIONAL NOTIFICATION REQUIRED.— 

11 (1) IN GENERAL.—If procedures other than full 

12 and open competitive procedures are to be used to 

13 enter into a contract described in subsection (a), the 

14 head of the executive agency negotiating such con15 tract shall notify the Committee on Appropriations 

16 of the Senate, the Committee on Appropriations of 

17 the House of Representatives, and the standing com18 mittees of the Senate and the House of Representa19 tives that have jurisdiction over the executive agency 

20 not later than 7 calendar days before the award of 

21 the contract. 

22 (2) JUSTIFICATION.—The notification under 

23 paragraph (1) shall include— 

24 (A) the justification for the use of other 

25 than full and open competitive procedures; 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 104 IS

1 (B) a brief description of the contract’s 

2 scope; 

3 (C) the amount of the contract; 

4 (D) a discussion of how the contracting 

5 agency identified and solicited offers from con6 tractors; 

7 (E) a list of the contractors solicited; and 

8 (F) the justification and approval docu9 ments, required under section 3304(e)(1) of 

10 title 41, United States Code, upon which the 

11 determination of use of procedures other than 

12 full and open competitive procedures was based. 

13 (c) SCOPE OF REQUIREMENTS.— 

14 (1) SIZE OF CONTRACTS.—This section shall 

15 not apply to contracts of less than $5,000,000. 

16 (2) APPLICABILITY.—This section shall apply 

17 to any extension, amendment, or modification of a 

18 contract for the procurement of property or services 

19 in connection with natural disaster reconstruction ef20 forts entered into before the date of the enactment 

21 of this Act using other than full and open competi22 tive procedures. 

23 (3) SMALL BUSINESS EXCEPTION.—This sec24 tion shall not apply to contracts authorized under 

25 the Small Business Act (15 U.S.C. 631 et seq.). 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 104 IS

1 SEC. 5. DISCLOSURE REQUIRED. 

2 (a) PUBLICATION AND PUBLIC AVAILABILITY.— 

3 (1) IN GENERAL.—The head of an executive 

4 agency that enters into a contract for the procure5 ment of property or services in connection with nat6 ural disaster reconstruction efforts through the use 

7 of other than full and open competitive procedures 

8 shall publish in the Federal Register or Federal 

9 Business Opportunities, and otherwise make avail10 able to the public not later than 7 calendar days be11 fore the date on which the contract is finalized— 

12 (A) the amount of the contract; 

13 (B) a brief description of the scope of the 

14 contract; 

15 (C) an explanation of how the executive 

16 agency identified, and solicited offers from, po17 tential contractors to perform the contract, and 

18 a list of the potential contractors that were 

19 issued solicitations for the offers; and 

20 (D) the justification and approval docu21 ments, required under section 3304(e)(1) of 

22 title 41, United States Code, on which was 

23 based the determination to use procedures other 

24 than competitive procedures. 

25 (2) SCOPE OF REQUIREMENTS.— 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 104 IS

1 (A) SIZE OF CONTRACTS.—This section 

2 shall not apply to contracts of less than 

3 $5,000,000. 

4 (B) APPLICABILITY.—This section shall 

5 apply to any extension, amendment, or modi6 fication of a contract entered into before the 

7 date of the enactment of this Act using other 

8 than full and open competitive procedures. 

9 (C) SMALL BUSINESS EXCEPTION.—This 

10 section shall not apply to contracts authorized 

11 under the Small Business Act (15 U.S.C. 631 

12 et seq.). 

13 (b) RELATIONSHIP TO OTHER DISCLOSURE LAWS.— 

14 Nothing in this section may be construed as affecting obli15 gations to disclose United States Government information 

16 under any other provision of law. 

17 SEC. 6. CONTRACTS ENTERED INTO UNDER UNUSUAL AND 

18 COMPELLING URGENCY EXCEPTION. 

19 (a) REQUIREMENT FOR PERFORMANCE WITHIN 6- 

20 MONTH PERIOD.—The head of an executive agency may 

21 not rely on the exception under section 3304(a)(2) of title 

22 41, United States Code, to enter into a contract to procure 

23 property or services in connection with natural disaster re24 construction efforts using procedures other than competiVerDate Sep 11 2014 01:40 Jan 14, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S104.IS S104

SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 104 IS

1 tive procedures unless the contract will be performed with2 in a 6-month period. 

3 (b) EXTENDED NOTIFICATION AND DISCLOSURE

4 DEADLINES.—The notification and disclosure deadlines 

5 under sections 4(b) and 5(a)(1), respectively, shall be 7 

6 calendar days after the date on which a contract described 

7 in subsection (a) is finalized. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS